Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1887-10-28
FINE POINT IN LAW.
Can . State he the Owner of Real r. oPcrt!
in Another state?

Can . State he the Owner of Real r. oPcrfy
in Another state?
During February of the present year
. prominent Chattanooga wanted to
secure the property on Georgia avenue
and Tenth street belonging to the State
of Georgia, and. desiring to deal direct
with the Executive head of the State,
dispatched one of our leading at
.orneys to Atlanta to negotiate for
the purchase with Governor Gordon.
The lawyer waited upon the Governor
in the Executive Office Of the capitol
and forthwith stated the object Of his
errand. Governor Gordon. cautious
in all things, claimed he could not
enter into a trade without first receiv-
ing an order from the legislature for
the sale OF the property. This brought
about discussion regarding the title
the State of Georgia had to the proper
ty, and In tho conversation an idea
dnwned upon the mind OF the Chat
tanoogan which he siraightway gave
to the Governor In brief style. He
said:
The right OF way Of the Western
& Atlantic road. including the Union
station grounds of eleven acres. was
conveyed by various parties to the
State Of Georgia, The territorial linz
its Of this State were fixed when 1t was
admitted into the Union. and for II to
BIO able 10 acquire title to any real
estate beyond the limits ms fixed would
be to permit IL to change its boundary
lines adj libitnm. which 1t can not do
under the Constitution Of the United
States without the consent OF the leg
islatures Of the two States concerned
as we'll as Of Congress- Farther, II
the State OF q ,orgia has the title TO the
land In question. then IL has absolute
dominion and sovereignty ov,r 1t.
powers OF police regulation. etc. 10
the exclusion and wholly independent
Of the State OF Tennessee; and II an
offense should be committed by any
one on the land In question the offender
would have to be held amenabie
therefor to the laws OF Georgia and not
OF Tennessee. as there can be but one
sovereignty over tho same. Tho
question. then naturally arises
In whom Is the title to the land
vestedp It must revert to the original
vendors to tho State Of Georgia, az
the State can not hold Il. else 1t must
escheat to tho State Of Tennessee
most kelly to the latter. "
As the attorney concluded his re-
markable verbal brief. delivered. %
course. In more concise and forcibls
style than the Times is able to quote
his distinguished auditor evioced con
siderable interest. aud calculated
something like; well. there Is con
siderable IN that. isn't therep" Furlh
or aloEg he evlnc ed surprise tina
tho matter had not before been put II
this light by able legal lights who ha,
interests in the matter
The property in question is far from
being insignificant. representing full,
81. 900. 900. not bad stake for Ten
nessee to gobble. Upon what /
known as Georgia land stands thu
Western & Atlantic station. tho new
block Of buildings recently erected OF
Ninth street. the triangle ut the corn
or OF Tenth street aud Georgia avenue
and should the matter ever be givei
consideration, II would affect UnioI
alton, the Nashville Il Chat
tanooga station, the Palace Ho tel. ant
the entire tract of land kaown rs tn
Nashville flats. this property having
been sold by Georgia.
Never before has there been any ut
tention called to tho validity o
Gcorgia's title. aud the question. asid
from any litigation which might arise
Is an interesting ono legally. II tn
land is Georgia land 1t must eertainl,
be under tho jurisdiction of Georgia
and II such Is tho case the occupant
are Georgians. Atlanta can swell he
States population by including thos'
residents In the next census.
The Chattanooga lawyer referred t,
Is a leading member of the Ciatta
nooga bar aud the counsel for one o
tho largest corporations in the ooun
try. He Is confident his view Is th
correct one. and claims that the court
will sustain him in his opinion. -
4 T.,,tt, T,.,,.s